Harry, Clyde, and Pete carried on business in partnership as hardware merchants. Clyde, who did most of the purchasing of stock for the partnership, would occasionally purchase (using his own money) an extra quantity of some items that could readily be sold to consumers. He would use the truck owned by the business on the weekends to travel to his cottage where he would sell the items to cottage owners in the area of his own cottage. Harry and Pete were unaware of Clyde's actions, as Clyde had not revealed his weekend business activity to either Harry or Pete. Because Clyde was not selling the goods in the area where Harry, Clyde, and Pete carry on business, he is entitled to keep his profits.

Question

Quizplus · Accepted Answer

In a partnership, all partners are entitled to share in the profits generated by the use of partnership property or business, regardless of whether the activities are conducted in the primary area of business or not. Clyde's use of the partnership's truck and possibly leveraging the partnership's reputation or resources for personal gain without the knowledge or consent of his partners breaches his fiduciary duty to the partnership.

Harry, Clyde, and Pete Carried on Business in Partnership as Hardware